Throughout the elaboration and ratification stages, the Canadian government was
dedicated to communicating and collaborating with the provinces, territories, and the
Canadian disability rights community.^48 As a result, Canada was more influential than
many other Member States, which culminated in the CRPD having a “uniquely
Canadian feel.”^49 For example:
Article 5 (equality and non-discrimination) is very consistent with [Section]
15 of the Canadian Charter of Rights and Freedoms; Article 12 (equal
recognition before the law) was facilitated by the Canadian delegation and
secures a progressive approach to legal capacity and, for the first time in
international law, recognizes a right to use support to exercise one’s legal
capacity-- a made-in-Canada solution; Article 24 (education) secures a
right to inclusive education—a concept which Canada, in particular, New
Brunswick, is seen as a national leader on.^50
VI. Canada’s Commitment to the CRPD
By signing and ratifying the CRPD, Canada bound itself to the treaty and assumed the
responsibility of ensuring respect for its obligations under the treaty.^51 Ratification of the
CRPD was therefore a significant step in confirming Canada’s commitment to the
principles and obligations set out in the CRPD, namely to promote, protect and ensure
the full enjoyment of human rights by persons with disabilities.
The CRPD is unique both internationally and domestically for Canada. The CRPD was:
the first human rights treaty of the 21st Century; the fastest negotiated
human rights Convention in UN history and the first time in history civil
society actively participated in the development and negotiation of the
text; the first human rights Convention with an explicit social
development dimension; and, with 82 signatories on March 30, 2007, it
has the highest number of signatories in history to a UN Convention.
(^48) Supra note 44.
(^49) Supra note 44.
(^50) Supra note 44.
(^51) Armand de Mestral & Evan Fox-Decent, “Rethinking the Relationship Between International and
Domestic Law” (2008) 53 McGill L.J. 573 at para 48.